Vines v. Wilcutt

The original bill in this cause was filed by the appellant against the respondent J. W. Wileutt and his wife, Mary Wileutt, seeking a coi*rection of description as to 40 acres of land embraced in a mortgage executed by respondents to complainant, and a foreclosure of the mortgage as thus corrected. In the amendment to the bill, however, it was alleged that this particular 40 was not owned by the mortgagors at the time of the execution of the mortgage to the complainant, and therefore was not subject to the lien of said mortgage. In view of this amendment, therefore, that feature of the bill…